|
Litigation As foreign investments in Vietnam have matured, litigation and alternative dispute resolution have become an increasingly important part of YKVN's practice. Led by two of the most experienced Vietnamese lawyers with both litigation experience and international training, YKVN's practice focuses on litigation and arbitration of foreign investment and international commercial disputes. YKVN litigators are involved in commercial litigation throughout the country and internationally.YKVN and White & Case advised Vietnam Association of Seafood Exporters & Producers (VASEP) and its members in connection with the U.S. anti-dumping proceedings aimed at imposing antidumping duties on imports of catfish fillets from Vietnam. YKVN and White & Case lawyers represented VASEP and its members in the staff conferences before the U.S. International Trade Commission and in connection with the U.S. Department of Commerce (U.S. DOC) review of Vietnam's economy to determine its status (market or non-market) for U.S. antidumping investigation purposes. YKVN and White & Case lawyers worked with the individual companies in the Mekong Delta to prepare them for the U.S. DOC verification. This is the first major trade controversy between Vietnam and the U.S. since the ratification of the U.S. - Vietnam Bilateral Trade Agreement. The case received extensive press coverage globally, including two New York Times editorials, one Washington Post article and BBC and CNBC broadcast pieces. In addition, the two largest catfish exporters have retained YKVN for the upcoming annual administrative reviews to be conducted by the U.S. DOC for antidumping investigation purposes. YKVN represented Saigon Petro in the settlement of a claim for physical and business losses, including indirect losses, suffered by Saigon Petro from a collision of its terminal jetty by Kasco MV, a petroleum maritime vessel in the courts of Vietnam . In 2006, The first instance court accepted a significant part of Saigon Petro's claims and ordered that Kasco MV's owner make a compensation to Saigon Petro . In 2007, the Supreme People's Court in Ho Chi Minh City (the appellate court) upheld the first instance judgment. YKVN represented Saigon Petro in both the first instance and appellate proceedings which lasted for more than 2 years . The judgments set a precedent for future claims for indirect business losses under Vietnamese law. YKVN represented Hyundai Engineering & Construction Co. in its claim for outstanding progress payment incurred during the construction of a resort in Hanoi. The case went through all stages of proceedings under Vietnamese civil procedures law and it lasted for more than 4 years. The dispute was heard at first instance and appellate levels of Vietnamese courts and then was considered again by the Appellate Supreme Court as directed by the Supreme Court. The nature of this construction dispute was very technical and Vietnamese courts were not familiar with the issues involved. Adding complexity to the case is that the case is also being heard by Singaporean arbitration as agreed by the parties. Finally, in 2007 the parties agreed to cede the Singaporean arbitration and Hyundai was paid the full amount ordered by the Vietnamese Supreme Court of Appeal. YKVN lawyers recently represented the Vietnamese subsidiary of Exxon-Mobil before both the Economic Court of Ho Chi Minh City and the Supreme Court in connection with disputes arising from a long-term gas distribution contract. The final judgment of the Supreme Court upheld the lower court judgment, which had vindicated in large part the claims of the ExxonMobil affiliate. The ruling is probably the first successful claim of this type brought by a foreign company in Vietnam. YKVN also represented a large Japanese dental equipment manufacturer in resolving disputes arising from a foreign trade contract with a local distributor. YKVN lawyers also recently represented American Coffee Corporation before the Economic Court of Ho Chi Minh City in connection with disputes arising from contracts for purchase of coffee from a Vietnamese producer. The ruling is probably the first successful claim for losses incurred by an offshore buyer before Vietnamese courts. We are representing an international construction company in connection with disputes arising from the construction of a hotel and resort complex in Hanoi. The judgments of the Economic Courts in Ho Chi Minh City and Hanoi respectively accepted in large part the claims of our clients. We are also representing a Vietnamese State-owned telecommunication company in the settlement of a claim for telecommunication charges arising from a VoIP service agreement with an US telecom company. YKVN has been active in shipping litigation. YKVN represented the Singapore branch of an international bank in a complex maritime dispute in Vietnam. We assisted the bank in seeking enforcement of a Singapore judgment in favor of the bank as mortgagee of a vessel arrested in Vietnam. YKVN also represented a Japanese underwriter in a claim brought against a stateowned shipping company before the Quang Ngai Provincial Court for damage to a shipment handled by the defendant. Our lawyers successfully negotiated a settlement pursuant to which the underwriter received substantial compensation. We are representing a Vietnamese Stateowned company in the settlement of a claim for physical and business losses from a collision of a terminal jetty by a petroleum vessel. |
